invalid section 21?

franklee

jjlandlord wrote: »

I was just quoting section 21.

I realise that but "on or after the coming to an end of the AST" alone isn't enough you need to consider the dates as well.

skint-student-nurse has written "the term shall be from 23/09/11 to and including 22/03/12", "I was issued a section 21 on the 22/01/12 due to expire 22/03/12" and "under section 21 (1)(b) stating possession is required 22/03/12". So I reckon we really do need after in her case because on 22nd the fixed term is still running, the fixed term occupies the whole of the 22nd.

So by my reckoning on 22nd is too soon, after 22nd would be OK, on or after 23rd would be OK, on or after 24th also OK etc. (No need to worry about aligning with the end of a period which it seems the agent was attempting as the S21 was served during the fixed term).

So I wouldn't want to bank on that S21 until skint-student-nurse provided the exact wording which we don't have as yet.

jjlandlord

Yes, I had understood your point.

I realise that but "on or after the coming to an end of the AST" alone isn't enough you need to consider the dates as well.

I agree. Reading s.21 again this "on or after" is not relevant.
But it is arguable that as long as 2 months notice were given there is no problem to grant a possession order.
Obviously as mentioned this would need to be argued in court since indeed it is, well, arguable... Which won't happen as LL is using the accelerated procedure.

franklee

jjlandlord wrote: »

Yes, I had understood your point.



I agree. Reading s.21 again this "on or after" is not relevant.
But it is arguable that as long as 2 months notice were given there is no problem to grant a possession order.
Obviously as mentioned this would need to be argued in court since indeed it is, well, arguable... Which won't happen as LL is using the accelerated procedure.

Unless the tenant challenges the validity of the notice so it drops off accelerated procedure and then gets - argued in court ...

Not that we know enough details about this particular S21 as yet and I would not recommend a challenge unless the OP realises the costs and thought any delays caused would be worth it. Not that it need go that far it may be a letter to the agent/landlord pointing out any failings may make them want to serve a new S21 going for third time lucky.